Bombay High Court

RAJENDRA GAJENDRA LAVATEversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY MINISTRY OF RURAL DEVELOPMENT AND ORS.

Disposal: Disposed Off

Holding

The petitioner is entitled to the benefit of the Government Resolution dated 11 May 1989.

Summary

Petitioner Rajendra Gajendra Lavate filed a writ petition seeking the benefit of a Government Resolution dated 11 May 1989, which had been withdrawn by a later resolution dated 27 February 2004. The 2004 resolution was subsequently quashed by this Court in the case of Atul Vishwas Dhanawade v. State of Maharashtra. The Court held that, in view of the quashing, the petitioner is entitled to the benefits under the 1989 resolution. Accordingly, the Court directed Respondents No.3 and No.4 to consider the petitioner’s representation and decide it within four weeks. The petition was disposed of on these terms.

Issues considered

What is the effect of the quashing of the 27 February 2004 Government Resolution on the petitioner’s entitlement to benefits under the 11 May 1989 Government Resolution?

Subjects

Government Resolution
Quashing of resolution
Benefit entitlement
Writ petition
Representation
Precedent

Judgment

                                                              907 wp 4361-26.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 4361 OF 2026

Rajendra Gajendra Lavate.                                   ...Petitioner.
        Versus
The State of Maharashtra and Others.                        ...Respondents.
                            ——————
Mr. Datta H. Pawar, Eshan Nayak and Sakshi Jankar for the Petitioner.
Mr. P. V. Nelson Rajan, AGP for the Respondent-State.
Kedar Lad and Poonam Dhotre for the Respondent Nos. 3 and 4.
                                  ——————
                                     Coram :      Sharmila U. Deshmukh &
                                                  Neeraj P. Dhote, JJ.
                                     Date       : September 10, 2026.
P. C. :

1.         Heard.

2.         The petition can be disposed of by directing Respondent Nos.3

and 4 to decide the representation of Petitioner filed on 7th July 2026.

3.         The Petitioner claims benefit of Government Resolution dated

11th May 1989. Though the benefits provided under the Government

Resolution dated 11th May 1989 were taken away by the Government

Resolution dated 27th February 2004, the Government Resolution dated

27th February 2004 has been quashed and set aside by this Court in the

case of Atul Vishwas Dhanawade v. State of Maharashtra1.

Resultantly, the Petitioner is entitled to the benefit of Government

Resolution dated 11th May 1989. It is this benefit which is the subject
1    WP No. 15148 of 2002 dtd 20th July 2026.


Patil-SR                              1 of 2
                                                            907 wp 4361-26.doc


matter of Petitioner’s representation.          Thus, the issue now stands

covered by the decision of this Court in Atul Vishwas Dhanawade v.

State of Maharashtra (supra). We expect the Respondent Nos.3 and 4

to consider the said decision and decide the Petitioner’s representation

expeditiously and in any event within a period of four weeks from today.

4.         Writ petition is disposed of in above terms.



 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]




Patil-SR                              2 of 2

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